BP BHEAD INT H [atlas:bill]

AN ACT Relating to marine finfish aquaculture; adding a new chapter to Title 75 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Marine aquatic farming locations in Washington state have accidentally released Atlantic salmon into Puget Sound. Similar accidents in Canada have resulted in the successful spawning of Atlantic salmon in Pacific Northwest habitat. These events raise concern about the effect of escaped nonnative species on native runs of Pacific salmon declared threatened or endangered under the federal endangered species act. It is necessary to minimize the impact of escapes through the implementation of state-wide prevention measures. The legislature finds that it is prudent to prohibit establishment of additional Atlantic salmon marine aquatic farming locations in marine waters until the prevention programs called for in this chapter are implemented. The legislature further finds that failure of state agencies to approve the use of antifoulants on nets has resulted in excessive accumulations of marine organisms whose weight has contributed to equipment failures that have resulted in escapes.

NEW SECTION. Sec. 2. The definition in this section applies throughout this chapter unless the context clearly requires otherwise.

"Marine aquatic farming location" means a complete complex that may be composed of various marine enclosures, net pens, or other rearing vessels, food handling facilities, or other facilities related to the rearing of Atlantic salmon or other finfish in marine water. A marine aquatic farming location is distinguished from the individual facilities that collectively compose the location.

NEW SECTION. Sec. 3. The director, in consultation with persons engaged in Atlantic salmon marine aquatic farming, shall develop, implement, administer, and enforce rules that include the following elements:

(1) Provisions for the prevention of the escape of Atlantic salmon from marine enclosures, net pens, or other rearing vessels;

(2) Provisions for the development and implementation of management plans to facilitate the most rapid recapture of Atlantic salmon that have escaped from marine enclosures, net pens, or other rearing vessels, and to prevent the spread or permanent escape of Atlantic salmon. The director shall take all actions necessary to coordinate these provisions with local tribal fishing managers and with the north of Falcon process, if necessary;

(3) Provisions for the eradication of those Atlantic salmon that have escaped from marine enclosures, net pens, or other rearing vessels found spawning in state waters. The director shall take all actions necessary to coordinate these provisions with local tribal fishing managers and with the north of Falcon process, if necessary;

(4) Provisions for the development of management practices based on the most current, accurate, and complete scientific and technical information available, including the use of antifoulants approved under section 4 of this act, that are applicable to Atlantic salmon marine aquatic farming;

(5) Provisions for the development of an Atlantic salmon watch program similar to the one in operation in British Columbia, Canada. The program must provide for the monitoring of escapes of Atlantic salmon from marine aquatic farming locations, monitor the occurrence of naturally produced Atlantic salmon, determine the impact of Atlantic salmon on naturally produced and cultured finfish stocks, provide a focal point for consolidation of scientific information, and provide a forum for interaction and education of the public; and

(6) The director shall report to the legislature by December 1, 2000, on procedures and proposed funding methods for observers and unannounced inspections of Atlantic salmon marine aquatic locations on a regular basis to determine conformity with law and the rules of the department relating to the operation of such locations. The director shall include in this report the most current, accurate, and complete scientific and technical information available on the use of triploid or female stocks in rearing Atlantic salmon.

NEW SECTION. Sec. 4. Within sixty days of the effective date of this section, the director, and the director of the department of ecology, in cooperation with persons engaged in Atlantic salmon marine aquatic farming, shall investigate the approval of an antifoulant for use on nets to prevent the buildup of marine organisms on net pens.

If there is an antifoulant that is approved for use by the United States environmental protection agency, then its use shall be authorized in Washington.

NEW SECTION. Sec. 5. Within sixty days of the effective date of this section, persons engaged in Atlantic salmon marine aquatic farming shall develop and implement:

(1) Written plans for the prevention of Atlantic salmon escapes from marine enclosures, net pens, or other rearing vessels;

(2) Written plans and agreements with local fishers to facilitate the most rapid recapture of Atlantic salmon that have escaped from marine enclosures, net pens, or other rearing vessels, and to prevent the spread or permanent escape of Atlantic salmon. Persons engaged in Atlantic salmon marine aquatic farming shall take all actions necessary to coordinate these provisions with the department and local tribal fishing managers; and

(3) Atlantic salmon marine aquatic farming management practices based on the most current, accurate, and complete scientific and technical information available, including the use of antifoulants approved under section 4 of this act, that is applicable to Atlantic salmon marine aquatic farming.

NEW SECTION. Sec. 6. Those persons engaged in Atlantic salmon marine aquatic farming have indicated that no additional marine aquatic farming locations are planned, nor has approval for any additional marine aquatic farming locations been sought through any local or state permitting authority that would allow any such locations to be developed through June 30, 2002. Persons engaged in Atlantic salmon marine aquatic farming shall provide up to thirty-five thousand dollars per year in matching funds to match any state moneys appropriated on behalf of section 3 of this act, until June 30, 2002, for the implementation of section 3 of this act.

NEW SECTION. Sec. 7. Sections 1 through 5 of this act constitute a new chapter in Title 75 RCW.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.